Consent orders are binding agreements akin to contracts, and their terms must be adhered to, including the obligation to vacate premises as stipulated.

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an application ("this Application") by the Respondent Wife in encl 16, seeking leave to issue a writ of possession in respect of the matrimonial home, and for the Respondent and three out of the four children of the marriage to be allowed to live in the matrimonial home.

The Factual Background

[2] The Petitioner Husband and Respondent Wife (collectively, "the Parties") were married in May 1996, and had four children, born in 1998, 1999, 2000, and 2001 respectively.

[3] The marriage deteriorated over time and in March 2015, the Petitioner filed a divorce petition ("the Divorce Petition"), while the Respondent responded in May 2015.

[4] In August 2015, Parties entered into a consent order ("the Consent Order"), stipulating, inter alia, that the Respondent along with three children in her custody will live in the matrimonial home ("the Matrimonial Home"), 'tanpa sebarang gangguan'. The relevant terms read in verbatim:

iii. Responden Isteri bersama dengan 3 orang anak di dalam kustodi Responden Isteri akan berpindah masuk ke dalam rumah di alamat ***** ("Hartanah tersebut") dan Pempetisyen Suami akan membayar segala utiliti seperti Tenaga Nasional Berhad, Syabas, Indah Water, Cukai Tanah dan Cukai Taksiran bagi Hartanah tersebut dan Pempetisyen Suami akan terus membayar segala utiliti tersebut dimana Responden Isteri dan 3 orang dalam kustodi isteri dibenarkan untuk tinggal di rumah tersebut tanpa sebarang gangguan;

iv. Pempetisyen Suami akan membayar ansuran bulanan kepada pihak Bank bagi Hartanah tersebut dan Hartanah tersebut akan dipegang sebagai amanah dalam bahagian yang sama rata bagi 4 orang anak di dalam perkahwinan sehingga anak ke-empat mencapai umur 24 tahun;

[Emphasis Added]

[5] The Petitioner had failed to adhere to the stipulated terms of the Consent Order, prompting the Respondent's Counsel to issue a written notice in December 2020, urging compliance. The correspondence clearly communicated that failure to comply would necessitate additional legal measures. Despite this, the Petitioner had refused to adhere, subsequently obstructing the Respondent and the three children in her custody from relocating to the Matrimonial Home.

[6] In August 2023, the Respondent filed this Application pursuant to O 46 of the Rules of 2012 ("Rules of Court"), and rr 56 and 72 of the Divorce and Matrimonial Proceedings Rules 1980, all of which read:

Rules of 2012

Order 46 - Writs of execution - General

Rule 2 - When leave to issue any writ of execution is necessary

(1) A writ of execution to enforce a judgment or order may not be issued without the leave of the Court in the following cases:

(a) where six years or more have lapsed since the date of the judgment or order;

(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;

(c) where the judgment or order is against the assets of a deceased person coming to the hand of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;

(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled; and

(e) where any movable property sought to be seized under a writ of execution is in the hands of a receiver appointed by the Court.

(2) Paragraph (1) is without prejudice to any written law or rule by which a person is required to obtain the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise the enforcement of a judgment or order.

(3) Where the Court grants leave, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.

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Divorce and Matrimonial Proceedings R